Chapter 6.08
ANIMALS
Sections:
6.08.010 Keeping bees, livestock or fowl—Permit—Required.
6.08.020 Keeping bees, livestock or fowl—Permit—Requirements.
6.08.030 Keeping bees, livestock or fowl—Permit—Denial or revocation—Filing of appeal.
6.08.040 Keeping bees, livestock or fowl—Permit—Appeal hearing.
6.08.050 Keeping wild or dangerous animals—Prohibited—Defined.
6.08.060 Barns, pens, corrals and kennels kept in unsanitary condition prohibited.
6.08.070 Offensive littering by an animal.
6.08.010 Keeping bees, livestock or fowl—Permit—Required.
(1) It is unlawful for any person to keep, maintain, possess or harbor on any property within the city any apiary, livestock or fowl such as, but not limited to, horses, mules, donkeys, burros, cattle, sheep, goats, swine, chickens, geese, ducks, turkeys, doves or pigeons unless a bee, livestock or fowl permit therefor has been issued by the city.
(2) Notwithstanding subsection (1) of this section, the city will not issue a fowl permit for any person to keep, maintain, possess or harbor any rooster within the city.
Statutory Reference: ORS Ch. 609
History: Ord. 821 §1, 1973; Ord. 1389, 2007; Ord. 1523 §1 (Exh. A), 2023.
6.08.020 Keeping bees, livestock or fowl—Permit—Requirements.
(1) A permit to keep such bees, livestock or fowl within the city shall not be granted unless the owner or possessor provides facilities which will reasonably assure the city that the premises will be maintained in a sanitary condition, free from offensive odors, excessive noise or any other conditions which constitute a public nuisance as defined in GMC Chapters 8.04 and 9.12.
(2) The annual permit fee shall be as prescribed in a Master Fee Resolution.
(3) Any person, firm or corporation having honey bees (Apis mellifera) on its property shall maintain each colony pursuant to the following conditions:
(a) Colonies shall be maintained in moveable frame hives.
(b) Adequate space shall be maintained in the hive to prevent overcrowding and swarming.
(c) Colonies shall be re-queened following any swarming or aggressive behavior.
(d) All colonies shall be registered with the Oregon Department of Agriculture pursuant to ORS 602.090.
Statutory Reference: ORS Ch. 609
History: Ord. 821 §1, 1973; Ord. 1389, 2007; Ord. 1523 §1 (Exh. A), 2023.
6.08.030 Keeping bees, livestock or fowl—Permit—Denial or revocation—Filing of appeal.
The City Administrator or designee may deny or revoke a permit to keep, maintain or possess apiaries, livestock or fowl within the city if it is determined that any provision of this chapter is being violated, or if the City Administrator or designee finds that maintenance of any apiary, livestock or fowl interferes with the reasonable and comfortable use and enjoyment of the property of others; provided, however, that the person being aggrieved by such denial or revocation can, within 10 days thereafter, appeal the decisions of the City Administrator or designee to the City Council.
Statutory Reference: ORS Ch. 609
History: Ord. 821 §1, 1973; Ord. 1389, 2007; Ord. 1523 §1 (Exh. A), 2023.
6.08.040 Keeping bees, livestock or fowl—Permit—Appeal hearing.
A public hearing shall be held upon the appeal within 45 days of the date the appeal was filed with the city. The City Council shall use the same standards as the City Administrator in ruling upon the appeal.
Statutory Reference: ORS Ch. 609
History: Ord. 821 §1, 1973; Ord. 1389, 2007; Ord. 1523 §1 (Exh. A), 2023.
6.08.050 Keeping wild or dangerous animals—Prohibited—Defined.
(1) It is unlawful for any person to hold, possess, maintain, harbor, transport or sell within the city any living wild or dangerous animal.
(2) “Wild or dangerous animal,” for the purposes of this section, means and includes any and all species of:
(a) Poisonous reptiles;
(b) Lizards belonging to the family Varanidae;
(c) Nonpoisonous snakes with a length greater than six feet;
(d) Crocodilians with a length greater than one foot;
(e) All species of nonhuman mammals, excepting the:
(A) Domestic cat (Felis catus);
(B) Chinchilla (Chinchilla lanigera);
(C) Domestic dog (Canis familiaris);
(D) Domestic ferret (Mustela putorius furo);
(E) Mongolian gerbil (Meriones unguiculatus);
(F) Guinea pig (Cavia porcellus);
(G) Hamster (Mesocricetus auratus or Cricetinae, dwarf strains);
(H) Domestic laboratory mouse (Mus musculus);
(I) Domestic rabbit (Oryctolagus cuniculus);
(J) Domestic laboratory rat (Rattus, albino strain);
(K) Squirrel monkey (Saimiri vanzolinii or Saimiri sciureus);
(L) Wooly monkey (Lagothrix lagothricha); and
(M) Domestic species of livestock as listed in GMC Section 6.08.010.
(3) Notwithstanding subsection (1) of this section, a person may hold, possess, maintain, harbor or transport a species of nonhuman mammal of the family Felidae; provided, that:
(a) The person submits proof satisfactory to the city that the animal has been regularly kept at a place of control or confinement in the city since a date prior to January 1, 2013;
(b) The person has a disability as described in ORS 659A.104;
(c) A physician has recommended keeping the exotic animal to alleviate the effects of the disability;
(d) The person has been issued a permit for the animal from the State Department of Agriculture; and
(e) The animal does not present a likely danger to the health, safety and welfare of city residents.
(4) Any person wishing to hold, possess, maintain, harbor or transport a species of nonhuman mammal of the family Felidae must first obtain a permit to do so from the city. The city will issue the permit upon reasonable satisfaction that all requirements of subsection (3) of this section exist. The initial request for a permit must be made in writing to the city no later than December 31, 2014, and the person must obtain a renewal permit annually thereafter no later than December 31st of each year.
Statutory Reference: ORS 609.205
History: Ord. 821 §2, 1973; Ord. 1389, 2007; Ord. 1448 §1, 2014; Ord. 1523 §1 (Exh. A), 2023.
6.08.060 Barns, pens, corrals and kennels kept in unsanitary condition prohibited.
Any barn, pen, corral, coop, yard, kennel or other enclosure or appurtenance thereof in which any animal, livestock, or fowl is kept or any other place within the city in which manure or other discharges of animals, livestock or fowl accumulates and which is maintained in an unsanitary condition, allowing an offensive odor to escape therefrom or providing an insect or rodent attractant, is deemed a nuisance and prohibited.
Statutory Reference: ORS Ch. 609
History: Ord. 821 §3, 1973; Ord. 1389, 2007; Ord. 1523 §1 (Exh. A), 2023.
6.08.070 Offensive littering by an animal.
(1) A person commits offensive littering by an animal if, while in control of an animal that defecates on the property of another without permission of the property owner or upon any public way as defined in ORS 164.805(2), and the person fails to promptly remove and properly dispose of the animal waste.
(2) Offensive littering by an animal is a city code violation.
Statutory Reference:
History: Ord. 1386 §1, 2007, Ord. 1389, 2007; Ord. 1523 §1 (Exh. A), 2023.
6.08.080 Violation—Penalty.
(1) A violation of any provision of this chapter, except provisions in GMC Section 6.08.050, shall be a Class “D” infraction as specified in GMC Sections 1.08.010 through 1.08.100.
(2) A violation of any provision of GMC Section 6.08.050 shall be a Class “A” infraction as specified in GMC Sections 1.08.010 through 1.08.100.
(3) Each and every day in which any provision of this chapter is violated shall constitute a separate offense.
Statutory Reference:
History: Ord. 1386, 2007; Ord. 1389, 2007; Ord. 1523 §1 (Exh. A), 2023.